Currie v. Walkinshaw

746 P.2d 1045, 113 Idaho 586, 1987 Ida. App. LEXIS 472
CourtIdaho Court of Appeals
DecidedDecember 2, 1987
Docket16691
StatusPublished
Cited by7 cases

This text of 746 P.2d 1045 (Currie v. Walkinshaw) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Currie v. Walkinshaw, 746 P.2d 1045, 113 Idaho 586, 1987 Ida. App. LEXIS 472 (Idaho Ct. App. 1987).

Opinions

WALTERS, Chief Judge.

Elmer and Bernadine Gurrie brought this action to quiet title to a strip of land between two properties bordering the Spokane River in Kootenai County. The district court granted summary judgment quieting title in the Curries. The neighboring property owners, Ross and Vicki Walkinshaw, have appealed. The Walkinshaws contend the court should have granted summary judgment in their favor because they hold a superior interest in the property. Alternatively, the Walkinshaws assért that summary judgment was inappropriate because a contested question of material fact existed. We agree with the latter assertion and vacate the summary judgment.

We begin by reviewing the various conveyances relating to the property. Hazel Walkinshaw, Ross’s mother, owned approximately twenty acres of land bordering the Spokane River in Government Lot 10 of the Southwest Quarter of Section 7 of Township 50 North, Range 4 West of the Boise Meridian. The relevant tracts of land are depicted in the accompanying sketch.

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In 1968 Hazel conveyed Parcel A to Ross Walkinshaw. This warranty deed in part describes Parcel A as:

Beginning at the Northwest corner of Lot 10, Section 7, Township 50, North Range 4, West of Boise Meridian; 460 [588]*588feet in an Easterly direction along the high water level of the Spokane River. Thence in a Southerly direction to the New Post Falls Highway District Right of Way. Thence in a Westerly direction along the New Post Falls Highway District Right of Way 425 feet to the West line of Lot 10, Section 7, Township 50, North Range 4, West of Boise Meridian. Thence in a Northerly direction along the West line of Lot 10, Section 7, Township 50, North Range 4, West of Boise Meridian to the point of beginning.

In 1975 Hazel deeded a half interest in Parcel B to Ross. The deed, recorded in Book 272 at page 16, describes Parcel B as:

Beginning at the Northwest corner of Lot 10, Section 7, Township 50, North Range 4, West Boise Meridian, 460 ft. more or less in an Easterly direction along the high water level of the Spokane River. This point being the true point of beginning. Thence continuing along the high water level of the Spokane River 200 ft., more or less, to a point exactly midway between the Northeast and Northwest corners of Lot 10, Sec 7, TWP 50, R 4, WBM. Thence in a Southerly direction 520 ft., more or less to the new Post Falls Hiway [sic] Dist. right of way known as East Riverview Drive. Thence in a Westerly direction along the North edge of East Riverview Drive 240 ft, more or less, to a point 425 ft, more or less, along the North edge of East Riverview Drive East of the West line of Sec 7, Lot 10, TWP 50, R 4, WBM. Thence in a Northerly direction 520 ft. more or less, to the true point of beginning. [Emphasis added.]

The emphasized phrase in the above description is at the center of this dispute.

Early in 1976 Hazel recorded another warranty deed conveying the same property to Ross and purporting to clarify the dimensions of those parcels of land previously granted. In this document Parcel A is described as:

The West 460ft. of Govt Lot 10, Sec 7, TWP 50, NR 4, WBM. lying North of the Post Falls Highway Dist. right of way [sic] known as East Riverview Drive. Dimensions as follows: Beginning at Spokane River and West line of Govt lot 10, Sec 7 TWP 50, NR 4, WBM South along line 606ft to Post Falls Highway Dist Right of way known as East River-view Dr. Thence East along East River-view Dr. 425ft. Thence North 525ft. to the Spokane River. Thence West along the Spokane River 460ft to the West line of Govt lot 10, Sec 7, TWP 50, NR 4, WBM., the point of beginning. [Punctuation original.]

and Parcel B as:

The west lk of Govt Lot 10, Sec 7, TWP 50, NR 4, WBM. less the West 460ft. lying North of the Post Falls Highway Dist. Right of way known as East River-view Dr. Dimensions as follows: Beginning at the Spokane River and mid-point of Govt lot 10, Sec 7, TWP 50, NR 4, WBM, 520ft. South to the North edge of East Riverview Dr. Thence 235ft West along East Riverview Dr. Thence 525ft. North to the Spokane River Thence 200ft. East along the Spokane River to the mid-point of Govt Lot 10, Sec 7 TWP 50, NR 4, WBM, The point of beginning. [Punctuation original.]

Hazel conveyed her remaining half interest in Parcel B to her daughter, Gwen Hood, on July 3, 1981. The description of the property in that deed did not materially differ from the language in the original Parcel B deed given to Ross.

Earlier, in April, 1974, Parcels E and F had been transferred to Gwen Hood. Also, on April 1 of 1976, Hazel had deeded the remainder of the property (Parcels C and D) to Hood. In relevant part, that deed recited:

That part of the East lk of Government Lot 10, Section 7, Township 50 North, Range 4 W.B.M., Kootenai County, Idaho, lying North of the County Road; EXCEPT [Parcels E and F],

In 1982 Hood transferred her interest in Parcel C to the Curries. Apparently1 Parcel C was then described as:

[589]*589The West one-third, as defined by a line parallel to the West line intersecting a line drawn between the Northwest and Northeast corners at a point that lies one third by distance from the Northwest corner of that property lying in Government Lot 10, Section 7, Township 50 North, Range 4 West, Boise Meridian, Kootenai County, Idaho and described as follows:
Beginning at the Northeast corner of that property described in Book 272, Page 16, Kootenai County Deed Records [Parcel B], said point lying on the bank of the Spokane River; thence Easterly along the high water level of the Spokane River to the Northwest corner of that property described in Book 308, Page 782, Kootenai County Deed Records; thence Southerly along the West line of said property described in Book 308, Page 782 to the Southwest corner thereof, said Southwest corner lying on the North line of East Riverview Drive; thence Westerly along said North line to the Southeast corner of said property described in Book 272, Page 16; thence Northerly along the East line of said property described in Book 272, Page 16, to the Point of Beginning.

The Walkinshaws contend that the boundary between Parcels B and C is a line beginning at a point centered on a straight line between the northeast and northwest corners of Government Lot 10 and running southerly from the river to the county road. The Curries contend this boundary is anchored at a point equidistant from these corners along a sinuous line following the southern shore or high-water mark of the Spokane River. According to uncontested evidence in the record, the latter point lies approximately thirty feet further west of the midpoint claimed as a boundary by the Walkinshaws. The district court agreed with the Curries.

I

A

Ross and Vicki Walkinshaw argue that their deed to Parcel B clearly establishes their prior and superior interest in the disputed property and, therefore, the district court should have granted summary judgment in their favor. They contend the court erred by looking outside the four corners of the instrument to determine the grantor’s intent. The district court concluded that the Walkinshaws’ deed to Parcel B is ambiguous.

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Cite This Page — Counsel Stack

Bluebook (online)
746 P.2d 1045, 113 Idaho 586, 1987 Ida. App. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/currie-v-walkinshaw-idahoctapp-1987.